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Patna High CourtCR. MISC./11092/2021bail granted

Suraj Yadav @ Suri Yadav @ Suruj Yadav v. The State Of Bihar

2021-07-29Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11092 of 2021 Arising Out of PS. Case No.-101 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== 1.

SURAJ YADAV @ SURI YADAV @ SURUJ YADAV S/o Late Prabhu Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, DisttMadhubani. 2.

Nage Yadav @ Nagendra Prasad Yadav Son of Uttimlal Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, Distt- Madhubani. 3.

Julum Yadav Son of Late Prabhu Lal Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, Distt- Madhubani. 4.

Ram Babu Yadav Son of Suraj Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, Distt- Madhubani.

5.

Laxman Yadav Son of Bane Lal Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, Distt- Madhubani.

6.

Ram Deo Yadav Son of Bave Lal Yadav @ Bauelal Yadav Resident of Village- Ghoranki Tole, Balat, P.S.- Basopatti, Distt- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 304(B) and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.11092 of 2021(2) dt.29-07-2021 2/3 Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner nos. 1 and 3 are cousin father-inlaw, petitioner no. 2, 4,, 5 and 6 are is cousin brother-in-law, of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. After investigation, the police had submitted final form against all the petitioners.

The allegations as levelled against them was found to be false in the investigation. The Court below had differed with the said police report and took cognizance of offence against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory

Patna High Court CR. MISC. No.11092 of 2021(2) dt.29-07-2021 3/3 bail on their personal bonds to the satisfaction of learned A.C.J.M. -V, Madhubani in connection with Basopatti P.S. Case No. 101 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T